Peakwood Capital – Terms of Use

Last Updated: February 2025

These Terms of Use (the “Terms” or this “Agreement”) govern your access to and use of the websites, newsletters, content, tools, customer portals, special reports, and related services (collectively, the “Services”) provided by or on behalf of Peakwood Capital (“Peakwood Capital,” “we,” “us,” or “our”). BY ACCESSING OR USING ANY OF THE SERVICES, INCLUDING STARTING A FREE TRIAL, CREATING AN ACCOUNT, OR PURCHASING A SUBSCRIPTION, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN SECTION 24. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.

Important note: This Agreement is intended for use solely with U.S. users and under U.S. law. It is not drafted for, and does not take into account, any non-U.S. or European regulatory requirements.

1. Eligibility; U.S. Market Only

1.1. The Services are intended solely for individuals who are at least eighteen (18) years old and located in the United States of America. By using the Services, you represent and warrant that you:

are at least 18 years of age;
are a resident of, and physically located in, the United States; and
have the legal capacity to enter into binding agreements under the laws of the United States and the State of Florida.

1.2. We do not knowingly market, offer, or provide the Services to individuals or entities located outside the United States. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with any applicable local laws.

2. Acceptance of Terms; Changes to This Agreement

2.1. By accessing, browsing, using, or subscribing to the Services, you agree to be bound by these Terms. If you do not agree to these Terms in their entirety, you must not use the Services. 2.2. We may revise or update these Terms from time to time at our sole discretion. Material changes will generally be indicated by updating the “Last Updated” date at the top of this Agreement and/or by providing additional notice (such as a notice on our website or by email). 2.3. Your continued use of the Services after any revisions become effective constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Services and cancel any active subscription.

3. Description of the Services

3.1. Peakwood Capital provides educational financial content, including but not limited to:

a periodic investment education newsletter sent via email (currently monthly);
access to a customer portal or member area where past content may be accessible;
special reports, bonus publications, and other one-time or limited-time materials (“Special Reports”);
multiple subscription tiers or levels (for example, basic or premium tiers), which may offer different features;
lifetime or one-time-purchase offerings; and
educational tools, watchlists, or similar features, which may be provided directly by us or via third-party integrations.

3.2. The Services may evolve over time. We reserve the right, in our sole discretion and without notice, to:

add, modify, or remove features or content;
change publication frequency; and
discontinue certain Services (subject to Section 10 and any applicable law).

4. No Personalized Advice; Educational Use Only

4.1. The Services, including all newsletters, reports, articles, tools, and any other information, are provided solely for general educational and informational purposes. The Services do not take into account your individual objectives, financial situation, or needs. 4.2. Peakwood Capital:

is not a registered investment adviser, broker-dealer, or financial planner;
does not provide personalized investment, financial, tax, or legal advice; and
does not make representations that any particular security, strategy, or action is suitable for you.

4.3. You are solely responsible for evaluating any information provided through the Services and for making your own investment, financial, and other decisions. You should consult with qualified professional advisers (including registered investment advisers, tax professionals, and attorneys) before making any financial decisions.

5. Account Registration and Security

5.1. To access certain Services, including subscription offerings, Special Reports, and portal-based content, you may be required to create an account, select a username and password, and provide certain information (collectively, “Account Information”). 5.2. You agree to:

provide accurate, current, and complete Account Information;
update such information as necessary to keep it accurate, current, and complete; and
maintain the confidentiality of your login credentials and restrict access to your account.

5.3. You are responsible for all activities that occur under your account, whether or not authorized by you. You agree to notify us promptly if you suspect any unauthorized access to or use of your account. 5.4. You may not:

share your account or login credentials with any other person;
create multiple accounts for the purpose of circumventing subscription limitations, free trial restrictions, or other rules; or
impersonate any person or entity or misrepresent your affiliation with any person or entity.

6. Subscription Types and Fees

6.1. We may offer one or more subscription types, which can include, without limitation:

Monthly Subscription: recurring subscription billed monthly in advance;
Annual Subscription: recurring subscription billed yearly in advance;
Tiered Subscriptions: multiple levels (e.g., basic, premium) with different features or access levels; and
Lifetime or One-Time Purchases: offerings where access to certain content or Services is granted for an extended or “lifetime” period, subject to these Terms.

6.2. Subscription fees, payment terms, and available plans are as described on our website or at the point of purchase. By subscribing, you agree to pay all applicable fees (and any applicable taxes) incurred in connection with your subscription or purchase.

7. Free Trial Terms

7.1. We may offer a free or discounted introductory trial period (the “Trial”) for certain subscription Services, typically for thirty (30) days, though the length may vary depending on the promotion. 7.2. Unless otherwise specified:

Trials are limited to one per person and household; and
Trials are limited to one per payment method within any stated time window.

7.3. To activate a Trial, you may be required to provide payment information. By doing so, you agree that IF YOU DO NOT CANCEL BEFORE THE END OF THE TRIAL PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY CONVERT TO A PAID SUBSCRIPTION, AND THE APPLICABLE SUBSCRIPTION FEE WILL BE CHARGED TO YOUR PAYMENT METHOD ON FILE. 7.4. If you cancel during the Trial period, your access will generally continue until the end of the Trial and your payment method will not be charged, except as otherwise disclosed at the time of sign-up.

8. Automatic Renewal and Payment Authorization

8.1. Except for certain one-time or lifetime purchases that are explicitly described as non-recurring, all subscriptions are subject to automatic renewal at the end of each billing period (for example, monthly or annually), until you cancel. 8.2. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE PEAKWOOD CAPITAL (AND/OR OUR PAYMENT PROCESSORS) TO CHARGE YOUR DESIGNATED PAYMENT METHOD RECURRINGLY FOR THE THEN-CURRENT SUBSCRIPTION FEES, PLUS ANY APPLICABLE TAXES, AT THE BEGINNING OF EACH BILLING CYCLE, UNTIL YOU CANCEL. 8.3. If we are unable to process a payment, we may:

retry the payment using the same payment method;
request that you update your payment information; and/or
suspend or terminate your access to the Services until payment is successfully processed.

9. Pricing Changes

9.1. We may change subscription prices from time to time. Any price changes will apply to the next billing period after notice of the price change is provided to you. 9.2. We will provide reasonable advance notice of any price increase by posting the new price on our website and/or by email. If you do not agree to the price change, you must cancel your subscription before the start of the next billing period.

10. Cancellation and Termination

10.1. Cancellation by You

You may cancel your subscription at any time by following the cancellation instructions provided in your account settings, in our communications with you, or by contacting our customer support using the contact information in Section 30. Cancellation will take effect at the end of your current billing period. You will continue to have access to the applicable Services until the end of that billing period, and you will not be charged again for that subscription (subject to Section 11).

10.2. Suspension or Termination by Us

We reserve the right, in our sole discretion, to suspend or terminate your account or access to any or all of the Services at any time, with or without cause or notice, including but not limited to:

violations of these Terms or other policies;
suspicion of fraud, abuse, or unauthorized use;
non-payment of fees; or
as required by law or requested by a governmental authority.

Except where required by law, if we terminate your account or access to the Services due to a violation of these Terms, you will not be entitled to any refund or credit.

11. No Refund Policy

11.1. Except as required by applicable law or expressly stated otherwise in a specific promotional offer, all payments are final and non-refundable, including, without limitation:

monthly subscription fees;
annual subscription fees;
fees for Special Reports or other one-time purchases; and
fees for any lifetime offerings.

11.2. Cancellation of a subscription prevents future charges but does not entitle you to a refund or partial refund of amounts already paid. 11.3. We may, in our sole discretion and on an exceptional basis, choose to provide a refund or credit. Any such decision will not create an obligation to offer refunds or credits in the future.

12. Delivery of Services; Email and Portal Access

12.1. Our newsletters and certain other content are generally delivered via email to the email address associated with your account. Additional content may be made available through a customer portal or member area on our website. 12.2. You are solely responsible for ensuring that:

your email address is accurate and up to date; and
our emails are not blocked by your email provider, filters, or spam settings.

12.3. Deemed Delivery. Our obligation to deliver the newsletter or other email-based content is fulfilled when our systems successfully send the email to the address associated with your account, as recorded in our systems. We are not responsible if:

you fail to receive the email due to filters, technical issues, or changes in your email address; or
you do not log into the portal or fail to access content that has been made available to you.

13. Special Reports, Promotions, and Lifetime Offers

13.1. From time to time, we may offer Special Reports, bonus content, promotional bundles, or additional products and services, whether as standalone purchases or in combination with a subscription. 13.2. The specific terms of each promotion, including any refund or credit rights, will be described at the time of the offer. In the event of a conflict between the promotional terms and these Terms, the promotional terms will govern solely with respect to that promotion. 13.3. “Lifetime” access or similar terms refer to access for as long as the relevant product or Service is offered by Peakwood Capital in substantially similar form. We reserve the right to modify or discontinue any product or Service, provided that we act in good faith and in accordance with applicable law.

14. Affiliate Relationships and Sponsored Content

14.1. The Services may include references to, or recommendations of, third-party products, services, or companies, and we may receive compensation or other benefits when you click on links or purchase from such third parties (collectively, “Affiliate Relationships”). 14.2. We endeavor to comply with applicable U.S. Federal Trade Commission (“FTC”) guidelines concerning endorsements and testimonials. We may label certain content as sponsored, promotional, or otherwise indicating that we receive compensation. 14.3. Any third-party products or services referenced in or linked from the Services are provided by third parties and are subject to their own terms and conditions and privacy policies. We do not control and are not responsible for:

the content or accuracy of third-party materials;
the quality, safety, legality, or suitability of third-party products or services; or
any claims made by third parties.

14.4. Your dealings with third parties, including payments and delivery of goods or services, are solely between you and the third party. You agree that we are not liable for any loss or damage of any kind arising from such dealings.

15. Intellectual Property; License and Restrictions

15.1. All content and materials provided through the Services, including but not limited to text, articles, newsletters, Special Reports, graphics, logos, images, videos, audio, tools, software, and the design, selection, and arrangement thereof (collectively, “Content”) are the property of Peakwood Capital or its licensors and are protected by U.S. and international copyright, trademark, and other intellectual property laws. 15.2. Subject to your compliance with these Terms and payment of any applicable fees, Peakwood Capital grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Content solely for your personal, non-commercial, educational use. 15.3. You may not, without our prior written consent:

copy, reproduce, modify, adapt, translate, create derivative works from, or publicly display any Content;
publish, distribute, transmit, sell, resell, lease, or otherwise exploit any Content for commercial purposes;
share, forward, or otherwise provide the Content to any other person, whether for free or for compensation;
post the Content or any portion thereof to any website, forum, social media platform, email list, or other medium; or
use automated means (including bots, scrapers, or scripts) to access, extract, or download Content.

15.4. Any unauthorized use of the Content or the Services may result in immediate termination of your subscription or access, without refund, and may subject you to civil and/or criminal liability under applicable laws.

16. User Conduct and Prohibited Uses

16.1. You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

use the Services in any manner that could damage, disable, overburden, or impair any of our servers or networks;
attempt to gain unauthorized access to any part of the Services, accounts, or systems;
use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission;
interfere or attempt to interfere with the proper functioning of the Services;
use the Services to transmit any viruses, malware, or other harmful computer code;
engage in any activity that violates applicable laws or regulations, including securities laws and regulations; or
misuse any Content in a way that could be misleading, deceptive, or harmful to others.

17. Investment Risks; No Performance Guarantees

17.1. Investing in securities and financial markets involves substantial risk, including the possible loss of principal. Past performance of any security, strategy, or market is not indicative of future results. 17.2. Any examples, hypothetical scenarios, or performance illustrations provided through the Services are for educational purposes only and are not guarantees of future performance. 17.3. You acknowledge and agree that:

you bear all responsibility and risk for any investment decisions you make; and
Peakwood Capital is not responsible or liable for any losses or damages arising from such decisions.

18. Disclaimer of Warranties

18.1. THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. 18.2. WE DO NOT WARRANT THAT:

THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
THE CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, OR CURRENT; OR
ANY DEFECTS OR ERRORS WILL BE CORRECTED.

18.3. YOUR USE OF THE SERVICES AND CONTENT IS AT YOUR SOLE RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, THE EXCLUSIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

19. Limitation of Liability

19.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PEAKWOOD CAPITAL OR ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES OR CONTENT;
ANY CONDUCT OR CONTENT OF ANY THIRD PARTY;
ANY CONTENT OBTAINED FROM THE SERVICES; OR
UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.

19.2. TO THE EXTENT ANY LIABILITY IS FOUND DESPITE THE ABOVE, OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. 19.3. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, THE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

20. Indemnification

20.1. You agree to indemnify, defend, and hold harmless Peakwood Capital and its owners, officers, employees, contractors, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees), arising out of or related to:

your access to or use of the Services or Content;
your violation of these Terms;
your violation of any rights of any third party; or
your violation of any applicable law, rule, or regulation.

21. Third-Party Services, Links, and Tools

21.1. The Services may incorporate or provide access to third-party tools, software, analytics, widgets, or other functionalities, including payment processors and external market data providers. 21.2. The Services may also include links to third-party websites, content, or resources that are not owned or controlled by Peakwood Capital. 21.3. We are not responsible for the availability, content, or accuracy of third-party websites, services, or resources, and we do not endorse, warrant, or assume any responsibility for them. 21.4. Your use of third-party websites, services, or tools is governed by their separate terms and conditions and privacy policies. You should review those terms and policies before using such third-party services.

22. Electronic Communications and Notices

22.1. By using the Services, you consent to receive communications from us electronically, including emails, notices posted on our website, and messages within any portal or member area. 22.2. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. 22.3. Notices to us must be sent to the contact information in Section 30, unless we specify otherwise.

23. Dispute Resolution; Binding Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO PARTICIPATE IN A CLASS ACTION.

23.1. Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us and provide a brief, written description of the dispute and your contact information, and allow us thirty (30) days to resolve the dispute informally. You must send this information to the address in Section 30.

23.2. Agreement to Arbitrate

If we are unable to resolve the dispute informally, you and Peakwood Capital agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or the relationship between you and Peakwood Capital (collectively, “Disputes”) shall be resolved solely by binding arbitration on an individual basis, except as otherwise provided in this Section. The arbitration shall be administered by the American Arbitration Association (“AAA”) under its applicable rules for consumer disputes, as modified by this Agreement.

23.3. Class Action Waiver

YOU AND PEAKWOOD CAPITAL AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE LIMITED TO THE DISPUTE BETWEEN YOU AND PEAKWOOD CAPITAL INDIVIDUALLY. TO THE FULLEST EXTENT PERMITTED BY LAW:

NO ARBITRATION OR PROCEEDING SHALL BE JOINED WITH ANY OTHER;
THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR RESOLVED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND
THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.

23.4. Exceptions

Notwithstanding the foregoing, either party may:

bring an individual action in small claims court (if the claim meets that court’s requirements);
seek temporary or preliminary injunctive relief in a court of competent jurisdiction to protect its rights, including intellectual property rights; or
file a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services or intellectual property infringement.

23.5. Arbitration Location and Procedures

Unless you and Peakwood Capital otherwise agree, arbitration shall take place in a location reasonably convenient to you within the United States. If the AAA’s consumer arbitration rules apply, they will govern payment of filing, administration, and arbitrator fees.

23.6. Opt-Out

You may opt out of this arbitration agreement by sending a written notice to the address in Section 30 within thirty (30) days after you first accept these Terms. Your notice must include:

your full name;
your mailing address;
the email address associated with your account; and
a clear statement that you wish to opt out of the arbitration agreement in these Terms.

If you opt out, neither you nor Peakwood Capital will be required to arbitrate Disputes, but you may still be subject to the venue and governing law provisions in Section 24.

24. Governing Law and Venue

24.1. This Agreement and any Disputes shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles and without regard to the laws of any other jurisdiction. 24.2. Subject to the arbitration provisions in Section 23, you agree that any legal action or proceeding arising out of or relating to this Agreement or the Services shall be brought exclusively in the state or federal courts located in the State of Florida, and you hereby consent to the personal jurisdiction and venue of such courts.

25. Assignment

25.1. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this Section shall be null and void. 25.2. We may assign or transfer our rights and obligations under this Agreement, in whole or in part, to any affiliate, successor, or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets without notice to you.

26. No Waiver

26.1. No waiver by Peakwood Capital of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Peakwood Capital to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

27. Severability

27.1. If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions of these Terms shall continue in full force and effect.

28. Entire Agreement

28.1. These Terms, together with any additional terms and conditions that may apply to specific Services or offers (such as promotional terms) and any policies or notices referenced herein, constitute the entire agreement between you and Peakwood Capital regarding your use of the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Services.

29. Contact Information

If you have any questions about these Terms or the Services, or if you need to contact us for any reason (including notices related to Section 23), you may contact us at: Peakwood Capital, Email: support@peakwoodcapital.com

This Terms of Use document is provided for general informational purposes only and does not constitute legal advice. You should consult with a qualified attorney licensed in the appropriate jurisdiction to review and adapt this document to your specific business and legal requirements.